PANKAN SOMAN Vs. MANOHARAN C.K.

JUDGEMENT

(1.) Against the decree and judgment of both the Trial Court (Munsiff's Court, Thalassery) in O.S. No. 300/2006, dtd. 09/10/2009, and First Appellate Court (Subordinate Judge's Court, Kannur) in A.S. No. 113/2012 dtd. 24/09/2012, the defendant came up with this appeal.

(2.) The suit is one for perpetual injunction against causing obstruction to the user of B schedule way by the plaintiff. A schedule is the registered holding of plaintiff. Plaintiff claims prescriptive right of easement of way over B schedule. The defendant contested the suit disputing and denying the claim.

(3.) The question essentially came up for consideration in this appeal is what actually amounts to the expression 'Interruption' as envisaged under Sec. 15 of the Indian Easement Act, 1882.